1. Legal and Moral
Debates Around AI
KHURANA AND KHURANA ADVOCATES AND IP ATTORNEYS

2. ARTIFICIAL INTELLIGENCE
AI can be defined on the basis of the factor of a thinking human being and in terms of a rational behaviour:
(i) systems that think and act like a human being;
(ii) systems that think and act rationally.
AI is different from conventional computer algorithms (store their personal experience). This unique feature enables AI
to act differently in the same situations, depending on the actions previously performed.

3. DEBATES
LEGAL DEBATES MORAL DEBATES

4. LEGAL DEBATES
LIABILITY
IPR
DATA PROTECTION
JURISDICTION

5. LIABILITY
Who is responsible for the damage caused by the
actions of Artificial Intelligence?
Neither Indian nor International law recognizes AI
as a subject of law, which means that AI cannot be
held personally liable for the damage it causes.
THE ONLY ANSWER
Article 12 of United Nations Convention on the Use of Electronic
Communications in International Contracts states that a person
(whether a natural person or a legal entity) on whose behalf a
computer was programmed should ultimately be responsible
for any message generated by the machine.
General rule - Principal of a tool is responsible for the results
obtained by the use of that tool since the tool has no
independent volition of its own.
So the concept of AI-as-Tool arises in the context of AI liability
issues, which means that in some cases vicarious and strict
liability is applicable for AI actions.

6. INTELLECTUAL PROPERTY RIGHTS (IPR)
An AI Robot that assists with the production of an
academic paper or assists to write a patent.
Could this Robot (assuming it has developed
personality) become a Joint or Sole owner of the
Copyright and an Inventor in the case of a Patent?

7. DATA PROTECTION
The basis of AI involves algorithms that
progressively improve themselves. They do this by
feasting on data. The more they consume, the
better they get at spotting patterns: speech
patterns that make it easier for a bot to sound like
a human; visual patterns that help an autonomous
car system recognize objects on the road;
customer behaviour patterns that train a bank’s AI
systems to better spot fraud.
But who will protect this data from getting
misused ?

8. JURISDICTION
• One of the more interesting legal issues in AI as its use crosses borders will be to consider the choice of law and in
what jurisdiction can an aggrieved person sue.
• The issue is perhaps not a perplexing, however it becomes administratively challenging for the aggrieved.
• Factual scenario - A Russian made AI located in Germany hacks or gathers data from United Nations office affecting
195 nations, where will be the jurisdiction?

9. MORAL DEBATES
PROBLEM OF RELIABILITY
PROBLEM OF DECISION MAKING
PROBLEM OF BIAS
PROBLEM OF MORALITY AND ETHICS

10. PROBLEM OF RELIABILITY
How to ascertain the reliability of a AI ?
AI works on sensors and gathers data to take its decision , How reliable are these sensors is always subjective question.
"More data gathered More powerful is the AI" but is it?
After all it has to take decision within fraction of seconds and the hardware or the processing speed is not increasing
while the data collected is increasing by leaps and bounds , which could result in heavy load or slower processing of data
and sometimes incorrect decisions.

11. PROBLEM OF DECISION MAKING
Every human being, right or wrong, think that in many occasions he has made a choice between different alternatives.
The intuitive notion of human free will in choosing between various alternatives is called a decision.
Humans take decision on basis of Reasonings, Thoughts, Beliefs, Faiths, Morality , Ethics and lot more in-depth verticals.
AI takes decision on basis of Data Gathered , Pattern Matching, Diagnosis
WRONG DATA ! WRONG DECISON !

12. PROBLEM OF BIAS
Wrong data feed or wrong data gathered could
also result in AI becoming Bias example AI used in
Legal Industry in USA for knowing probability of
the accused getting acquitted and getting
punished before taking a case , AI would decide
against interest of people from African race as
from the data it gathered that African people
commit more crimes ,they are proven guilty in
more crimes and they have been heavy
punishment in most of the cases.
This example is equally applicable to autonomous
weapons as it could become racial and kill more
people of one particular race just because of the
data fed in it.

13. PROBLEM OF MORALITY AND ETHICS
Should a driverless car swerve to save a pedestrian crossing the road illegally, while sacrificing its own passengers?
Or
Should an autonomous car sacrifice its passengers to save a pedestrian?
According to a study by MIT Professor Iyed Rahyan on self driving cars "when it comes to 'simple' choices – like between
hitting a child or hitting an adult – the results were decisive, overwhelmingly favouring the protection of younger lives.”
"The more elderly the pedestrians crossing roads, the more disposable they are viewed to be.”
But when it came to protecting pedestrians over protecting passengers, the results grew murky, with nearly 40% of
people wanting their driverless car to plow into pedestrians rather than harming passengers.

14. CONCLUSION
Can there be Universal Machine Ethics?
I don't agree. Every Nation, Every State , Every Person has his set of Ethics and Beliefs example Germany and US.
"If we are to build machines that reflect our own values, then we need to understand those values more, and we need
to quantify them and negotiate to agree which the important ones are."